Law: Criminal Procedure Code (V of 1898)

Section: 87,88,353,512

Law: Constitution of Pakistan, 1973

Section: 9

Law: National Accountability Ordinance, 1999

Section: 31A,32

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 87 & 88---Issuance of process---Proclaimed offender, declaration of---Procedure---Accused as aggrieved of order passed by Trial Court declaring him proclaimed offender---Plea raised by accused was that he was not served process---Validity---Trial court was bound to repeat warrants of arrest for some other date but needful was not done and only an attempt to serve notices upon accused was not enough---Important ingredients of Ss. 87 & 88 Cr.P.C. were not fulfilled by Trial Court for serving warrants---Warrants of accused were not affixed on some conspicuous place, i.e., house or home where accused resided---Trial Court did not receive any report from concerned law enforcement agency to know whether warrants were served upon accused or not---Such procedure was contrary to provisions of S.87 Cr.P.C. in circumstances. (b) National Accountability Ordinance (XVIII of 1999)--- ----S.31-A---Abscondance to avoid service of warrants---Prerequisites---Prosecution is required to prove firstly, that accused is absconder; secondly, that court or any Authority or Officer has issued process under National Accountability Ordinance, 1999; thirdly, that accused has absconded with intention to avoid service of such process; and fourthly, manner in which he evaded or avoided service on himself or concealed himself with intention to screen out from proceedings or punishment under National Accountability Ordinance, 1999. (c) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 31-A & 32---Appeal---Limitation---Conviction in absentia--- Accused was convicted under S.31-A of National Accountability Ordinance, 1999 in his absence when he was declared proclaimed offender---Plea raised by authorities was that appeal was time barred---Validity---No opportunity was afforded to accused even otherwise, no evidence was called for by Trial Court and he was convicted only on basis of unserved process which was in sheer violation of S.31-A of National Accountability Ordinance, 1999---Judgment convicting accused was passed in absentia and he had no knowledge of passing of conviction against him therefore, limitation would run…

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